Staples v. United States

1. Before reading Staples, consider this question: The NYPL contains the little-known crime of “Creating a Hazard,” NYPL § 270.10(1). What is the mental state? Does New York allow strict liability crimes? (Consider NYPL 15.15(2)). Does § 270.10(1) fit the definition of a public welfare offense?

2. In Staples, the Supreme Court wrestled with whether the federal crime of possessing an unregistered machine gun should be strict liability, which largely turned on whether the crime would be considered a public welfare offense. Do you think “possessing an unregistered firearm,” 28 U.S.C. 5861(d), a public welfare offense?

3. What was Staples charged with? What are the elements of that offense? What did he know or not know about the gun he possessed?

4. Do you think that a machine gun is a “dangerous device” that places its possessor in “responsible relation to public danger?” Justice Thomas compares the gun possessed by Staples to an automobile; Justice Stevens compares it to a hand grenade. Which comparison do you find more convincing?

5. Are you surprised that Justice Thomas (at the time considered the Court's most "conservative" judge) ruled against the prosecution? Are you surprised that Justice Stevens (at the time considered the Court's most “liberal” judge) ruled against the defendant? What do you think explains the unusual liberal-conservative divide in this case?

Supreme Court of the United States

511 U.S. 600, 128 L. Ed. 2d 608, 114 S. Ct. 1793, SCDB 1993-055, 1994 U.S. LEXIS 3773

No. 92-1441

1994-05-23

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